03.04 - 03.04.08 General purpose Criterion Art I in...

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03.04.08 General purpose Criterion: Art. I in conjunction with Art. II CWC - Art I prohibits “chemical weapons” without defining them - Art. II defines “chemical weapons” (see also Cipolat 398- 413) o ALL Toxic chemical and their precursors (chemicals that can cause death, incapacitation or permanent harm to humans and animals) Munitions and devices (essentially delivery components) Equipment (essentially delivery components) Except where intended for purposes not prohibited (general purpose or end-use criterion) It is the intended purpose that decides whether or not a chemical is an illegal weapon or a lawful substance As long as types and quantities are consistent with such purposes (consistency criterion) - “Purposes not prohibited” / Art. II. 9 (See Cipolat 408-409) o Industrial, agricultural, research, medical, pharmaceutical or other peaceful purposes [non-military application]; o Protective purposes …[dual-use application] o Military purposes not connected with the use of chemical weapons…. [military application: rocket fuels, smoke-generation and the like]; o Law enforcement including domestic riot control purposes [Art 1.5]
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o Note: The determination of the intended purpose is a SUBJECTIVE EVALUATION CRITERION - Toxic Chemicals and Precursors o Toxic: chemical action on life processes that can cause death, temp. incapacitation or permanent harm to humans or animals o All methods of production covered: synthetically or by living organisms (toxins) [Note overlap with BWC!] o Precursor: any chemical reactant used in production of a toxic chemical (somewhat redundant point) o Schedules 1-3: List particular chemicals in the CWC Annex and subject them to transfer and production restrictions: Schedule 1: barely any commercial application; stringent restriction reproduction, possession and transfer Schedules 2 and 3: increasing commercial application; less stringent restrictions The Chemical Weapons Convention: History and Core Provisions - 20 years of negotiation within the context of the Conference of Disarmament (CD) in Geneva - Opened for signature: January 1993 - Entry into force: 1997 - States Parties: 183 (January 2008)
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